82 FR 13278 - Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 46 (March 10, 2017)
Federal Register Volume 82, Issue 46 (March 10, 2017)
| Page Range | 13278-13280 | |
| FR Document | 2017-04777 |
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)] [Proposed Rules] [Pages 13278-13280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04777] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0653; FRL-9959-05-Region 9] Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Clark County Department of Air Quality and Washoe County Health District portions of the Nevada State Implementation Plan. These revisions concern emissions of particulate matter from fugitive dust. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act. We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by April 10, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0653 at http://www.regulations.gov, or via email to Andrew Steckel, Rulemaking Office Chief at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the Environmental Protection Agency (EPA) may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR [[Page 13279]] FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA recommendations to further improve the rules D. Public comment and proposed action III. Incorporation by reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal with the dates that they were adopted by the local air agencies, Washoe County Health District (WCHD) and Clark County Department of Air Quality (CCDAQ), and submitted by the Nevada Division of Environmental Protection (NDEP). Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Revised Submitted ---------------------------------------------------------------------------------------------------------------- WCHD........................... 010.000 Definitions........... 05/26/16 08/15/16 WCHD........................... 040.051 Wood-Burning Devices.. 05/26/16 08/15/16 CCDAQ.......................... 26 Emission of Visible 05/05/15 06/29/15 Air Contaminants. ---------------------------------------------------------------------------------------------------------------- On September 16, 2016 and August 11, 2015, the EPA determined that the submittals for WCHD and CCDAQ, respectively, met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? We approved an earlier version of Rule 010.000 into the State Implementation Plan (SIP) on February 01, 1972 (33 FR 15080) and Rule 040.051 into the SIP on June 18, 2007 (72 FR 33397). The WCHD adopted revisions to the SIP-approved versions on May 26, 2016 and NDEP submitted them to us on August 15, 2016. We approved an earlier version of Rule 26 into the SIP on August 27, 1981 (46 FR 43141). The CCDAQ adopted revisions to the SIP-approved version on December 30, 2008 and May 05, 2015, and NDEP submitted them to us on November 20, 2014 and June 29, 2015, respectively. While we can act on only the most recently submitted version of the rules, we have reviewed materials provided with previous submittals. C. What is the purpose of the submitted rule revisions? Particulate Matter (PM), including PM equal to or less than 2.5 microns in diameter (PM2.5 ) and PM equal to or less than 10 microns in diameter (PM10 ), contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the Clean Air Act (CAA or Act) requires states to submit regulations that control PM emissions. WCHD Rule 010.000 was revised to include new definitions, eliminate obsolete definitions and change some existing definitions applicable to Rule 040.051, Wood-Burning Devices. WCHD Rule 040.051 was revised to incorporate requirements from Rule 040.052 (rescinded) and the EPA's New Source Performance Standards (NSPS) for Wood Heaters. CCDAQ Rule 26 was revised to reference the use of EPA Test Method 9 to determine compliance with the visible emissions limits. The EPA's technical support documents (TSDs) have more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). CCDAQ and WCHD regulate areas that are classified as attainment for the 24-hour PM10 National Ambient Air Quality Standards (NAAQS) (see 40 CFR part 81.305). Rule CCDAQ Rule 26 is comparable to other district rules used to enforce a visible emissions limit of 20% opacity and WCHD Rules 040.010 and 040.051 fulfill relevant CAA Best Available Control Measures (BACM) requirements. For these reasons, we believe the rules will not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' (57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 2001). 4. ``State Implementation Plans for Serious PM-10 Nonattainment Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990'' (59 FR 41998, August 16, 1994). 5. ``PM-10 Guideline Document'' (EPA 452/R-93-008, April 1993). B. Do the rules meet the evaluation criteria? We are proposing to approve these rules because they are consistent with the relevant policy and guidance regarding enforceability, and SIP relaxations. The TSDs have more information on our evaluation. [[Page 13280]] C. EPA Recommendations to Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agency modifies the rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements. We will accept comments from the public on this proposal until April 10, 2017. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the CCQAD and WCHD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely proposes to approve State law as meeting federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: January 19, 2017. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2017-04777 Filed 3-9-17; 8:45 am] BILLING CODE 6560-50-P
![13278 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
provisions that are inconsistent with the comment received to its public docket. Dated: December 29, 2016.
CAA. Do not submit electronically any Robert A. Kaplan,
List of Subjects in 40 CFR Part 52 information you consider to be Acting Regional Administrator, Region 5.
Confidential Business Information (CBI) [FR Doc. 2017–04691 Filed 3–9–17; 8:45 am]
Environmental protection, Air or other information whose disclosure is BILLING CODE 6560–50–P
pollution control, Carbon monoxide, restricted by statute. Multimedia
Incorporation by reference, submissions (audio, video, etc.) must be
Intergovernmental relations, Lead, ENVIRONMENTAL PROTECTION
accompanied by a written comment.
Nitrogen dioxide, Ozone, Particulate AGENCY
The written comment is considered the
matter, Reporting and recordkeeping
official comment and should include
requirements, Sulfur oxides, Volatile 40 CFR Part 52
organic compounds. discussion of all points you wish to
make. EPA will generally not consider [EPA–R09–OAR–2016–0653; FRL–9959–05–
Authority: 42 U.S.C. 7401 et seq. comments or comment contents located Region 9]
Dated: February 6, 2017. outside of the primary submission (i.e. Approval of Nevada Air Plan
Samuel Coleman, on the web, cloud, or other file sharing Revisions, Clark County Department of
Acting Regional Administrator, Region 6. system). For additional submission Air Quality and Washoe County Health
[FR Doc. 2017–04734 Filed 3–9–17; 8:45 am] methods, please contact the person District
BILLING CODE 6560–50–P identified in the FOR FURTHER
INFORMATION CONTACT section. For the AGENCY: Environmental Protection
full EPA public comment policy, Agency (EPA).
ENVIRONMENTAL PROTECTION information about CBI or multimedia ACTION: Proposed rule.
AGENCY submissions, and general guidance on SUMMARY: The Environmental Protection
making effective comments, please visit Agency (EPA) is proposing to approve
40 CFR Part 52
http://www2.epa.gov/dockets/ revisions to the Clark County
[EPA–R05–OAR–2015–0842; FRL–9958–14– commenting-epa-dockets. Department of Air Quality and Washoe
Region 5] County Health District portions of the
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Control Strategies Nevada State Implementation Plan.
Air Plan Approval; Minnesota; Sulfur
These revisions concern emissions of
Dioxide; Particulate Matter Section, Air Programs Branch (AR–18J),
particulate matter from fugitive dust.
Environmental Protection Agency,
AGENCY: Environmental Protection We are proposing to approve local rules
Region 5, 77 West Jackson Boulevard, to regulate these emission sources under
Agency (EPA).
Chicago, Illinois 60604, (312) 886–6061, the Clean Air Act. We are taking
ACTION: Proposed rule.
acevedo.francisco@epa.gov. comments on this proposal and plan to
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: In the follow with a final action.
Agency (EPA) is proposing to approve a Final Rules section of this Federal DATES: Any comments must arrive by
revision to the Minnesota sulfur dioxide Register, EPA is approving the State’s April 10, 2017.
(SO2) and particulate matter of less than SIP submittal as a direct final rule ADDRESSES: Submit your comments,
10 microns (PM10) State Implementation identified by Docket ID No. EPA–R09–
without prior proposal because the
Plans (SIPs) as submitted on December OAR–2016–0653 at http://
Agency views this as a noncontroversial
11, 2015. The revision will update the www.regulations.gov, or via email to
Rochester SO2 and Olmsted County submittal and anticipates no adverse
comments. A detailed rationale for the Andrew Steckel, Rulemaking Office
PM10 maintenance plans to reflect Chief at Steckel.Andrew@epa.gov. For
changes in available controls, operating approval is set forth in the direct final
rule. If no adverse comments are comments submitted at Regulations.gov,
practices, and cleaner fuel options that follow the online instructions for
have resulted in significant reductions received in response to this rule, no
submitting comments. Once submitted,
of SO2 and PM10 emissions in the further activity is contemplated. If EPA
comments cannot be removed or edited
maintenance areas. EPA is also receives adverse comments, the direct
from Regulations.gov. For either manner
proposing to approve the removal of final rule will be withdrawn and all of submission, the Environmental
existing title I SO2 SIP conditions for six public comments received will be Protection Agency (EPA) may publish
facilities from the SO2 SIP, and the addressed in a subsequent final rule any comment received to its public
state’s evaluation that such changes based on this proposed rule. EPA will docket. Do not submit electronically any
ensure continued attainment of the SO2 not institute a second comment period. information you consider to be
National Ambient Air Quality Standards Any parties interested in commenting Confidential Business Information (CBI)
(NAAQS). on this action should do so at this time. or other information whose disclosure is
DATES: Comments must be received on Please note that if EPA receives adverse restricted by statute. Multimedia
or before April 10, 2017. comment on an amendment, paragraph, submissions (audio, video, etc.) must be
ADDRESSES: Submit your comments, or section of this rule and if that accompanied by a written comment.
identified by Docket ID No. EPA–R05– provision may be severed from the The written comment is considered the
OAR–2015–0842 at http:// remainder of the rule, EPA may adopt official comment and should include
sradovich on DSK3GMQ082PROD with PROPOSALS
www.regulations.gov or via email to as final those provisions of the rule that discussion of all points you wish to
blakley.pamela@epa.gov. For comments are not the subject of an adverse make. The EPA will generally not
submitted at Regulations.gov, follow the comment. For additional information, consider comments or comment
online instructions for submitting see the direct final rule which is located contents located outside of the primary
comments. Once submitted, comments in the Rules section of this Federal submission (i.e. on the web, cloud, or
cannot be edited or removed from Register. other file sharing system). For
Regulations.gov. For either manner of additional submission methods, please
submission, EPA may publish any contact the person identified in the FOR
VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1](https://thefederalregister.org/doc/82_FR_13324/page/1.svg)
![13280 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules
C. EPA Recommendations to Further • does not contain any unfunded ENVIRONMENTAL PROTECTION
Improve the Rules mandate or significantly or uniquely AGENCY
The TSDs describe additional rule affect small governments, as described
in the Unfunded Mandates Reform Act 40 CFR Part 52
revisions that we recommend for the
next time the local agency modifies the of 1995 (Pub. L. 104–4); [EPA–R09–OAR–2016–0415; FRL–9959–44–
rules. • does not have Federalism Region 9]
D. Public Comment and Proposed implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Approval of California Air Plan
Action Revisions, Antelope Valley Air Quality
1999);
As authorized in section 110(k)(3) of Management District
the Act, the EPA proposes to fully • is not an economically significant
regulatory action based on health or AGENCY: Environmental Protection
approve the submitted rules because
safety risks subject to Executive Order Agency (EPA).
they fulfill all relevant requirements.
We will accept comments from the 13045 (62 FR 19885, April 23, 1997); ACTION: Proposed rule.
public on this proposal until April 10, • is not a significant regulatory action SUMMARY: The Environmental Protection
2017. If we take final action to approve subject to Executive Order 13211 (66 FR Agency (EPA) is proposing to approve a
the submitted rules, our final action will 28355, May 22, 2001); revision to the Antelope Valley Air
incorporate these rules into the federally • is not subject to requirements of Quality Management District
enforceable SIP.
Section 12(d) of the National (AVAQMD) portion of the California
III. Incorporation by Reference Technology Transfer and Advancement State Implementation Plan (SIP). This
Act of 1995 (15 U.S.C. 272 note) because revision concerns emissions of volatile
In this rule, the EPA is proposing to
application of those requirements would organic compounds (VOCs) and oxides
include in a final EPA rule regulatory
be inconsistent with the Clean Air Act; of nitrogen (NOX) from passenger
text that includes incorporation by
and vehicles. We are proposing to approve a
reference. In accordance with
local rule to regulate these emission
requirements of 1 CFR 51.5, the EPA is • does not provide the EPA with the
sources under the Clean Air Act (CAA
proposing to incorporate by reference discretionary authority to address or the Act). We are taking comments on
the CCQAD and WCHD rules described disproportionate human health or this proposal and plan to follow with a
in Table 1 of this preamble. The EPA environmental effects with practical, final action.
has made, and will continue to make, appropriate, and legally permissible
these materials available through DATES: Any comments must arrive by
methods under Executive Order 12898
www.regulations.gov and at the EPA April 10, 2017.
(59 FR 7629, February 16, 1994).
Region IX Office (please contact the ADDRESSES: Submit your comments,
person identified in the FOR FURTHER In addition, the SIP is not approved to identified by Docket ID No. EPA–R09–
INFORMATION CONTACT section of this apply on any Indian reservation land or OAR–2016–0415 at http://
preamble for more information). in any other area where the EPA or an www.regulations.gov, or via email to
Indian tribe has demonstrated that a steckel.andrew@epa.gov. For comments
IV. Statutory and Executive Order submitted at Regulations.gov, follow the
tribe has jurisdiction. In those areas of
Reviews online instructions for submitting
Indian country, the rule does not have
Under the CAA, the Administrator is tribal implications and will not impose comments. Once submitted, comments
required to approve a SIP submission substantial direct costs on tribal cannot be edited or removed from
that complies with the provisions of the governments or preempt tribal law as Regulations.gov. For either manner of
Act and applicable federal regulations. specified by Executive Order 13175 (65 submission, the EPA may publish any
42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). comment received to its public docket.
Thus, in reviewing SIP submissions, the Do not submit electronically any
EPA’s role is to approve State choices, List of Subjects in 40 CFR Part 52 information you consider to be
provided that they meet the criteria of Confidential Business Information (CBI)
the CAA. Accordingly, this proposed Environmental protection, Air or other information whose disclosure is
action merely proposes to approve State pollution control, Incorporation by restricted by statute. Multimedia
law as meeting federal requirements and reference, Intergovernmental relations, submissions (audio, video, etc.) must be
does not impose additional Particulate matter, Reporting and accompanied by a written comment.
requirements beyond those imposed by recordkeeping requirements. The written comment is considered the
State law. For that reason, this proposed Authority: 42 U.S.C. 7401 et seq. official comment and should include
action: discussion of all points you wish to
• Is not a ‘‘significant regulatory Dated: January 19, 2017. make. The EPA will generally not
action’’ subject to review by the Office Deborah Jordan, consider comments or comment
of Management and Budget under Acting Regional Administrator, Region IX. contents located outside of the primary
Executive Order 12866 (58 FR 51735, [FR Doc. 2017–04777 Filed 3–9–17; 8:45 am] submission (i.e. on the Web, cloud, or
October 4, 1993); BILLING CODE 6560–50–P
other file sharing system). For
• does not impose an information additional submission methods, please
sradovich on DSK3GMQ082PROD with PROPOSALS
collection burden under the provisions contact the person identified in the FOR
of the Paperwork Reduction Act (44 FURTHER INFORMATION CONTACT section.
U.S.C. 3501 et seq.); For the full EPA public comment policy,
• is certified as not having a information about CBI or multimedia
significant economic impact on a submissions, and general guidance on
substantial number of small entities making effective comments, please visit
under the Regulatory Flexibility Act (5 http://www2.epa.gov/dockets/
U.S.C. 601 et seq.); commenting/-epa-dockets.
VerDate Sep<11>2014 17:00 Mar 09, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1](https://thefederalregister.org/doc/82_FR_13324/page/3.svg)
Document Created: 2018-02-01 14:52:38
Document Modified: 2018-02-01 14:52:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by April 10, 2017. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 82 FR 13278 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR